WG v R [2019] NSWCCA 263

WG v R [2019] NSWCCA 263

The grounds of appeal were without merit. There was no expert evidence that the applicant's thyroid condition affected his memory of the offending, and the case had not been put that way on sentence; the sentencing judge's guarded finding on remorse was open. The sentencing judge expressly considered and gave some weight to the loss of the applicant's nursing career. Protective custody could not be assumed to make the sentence more onerous, and no error was shown in the sentence or non-parole period. Leave to appeal out of time and leave to appeal were granted, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
31 October 2019
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Out of Time and Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave granted to bring the appeal out of time; leave to appeal granted; appeal dismissed.
Legal Topics
['appeal Against Sentence' 'medical Conditions and Memory' 'loss of Employment' 'protective Custody' 'remorse' 'leave to Appeal Out of Time']
['criminal Law' 'sentencing' 'criminal Appeals'] ['appeal Against Sentence' 'medical Conditions and Memory' 'loss of Employment' 'protective Custody' 'remorse' 'leave to Appeal Out of Time']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Out of Time and Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred by not treating the applicant's poor memory during questioning as caused by thyroid disease rather than evasiveness or failure to take responsibility." "Whether the sentencing judge failed to take into account the applicant's loss of his 40-year nursing career." "Whether the sentencing judge failed to take into account the applicant's need to remain in protective custody." "Whether the applicant's non-parole period should be reduced by reason of recognition of offending, rehabilitation prospects and good behaviour in custody."]

Ratio Decidendi

The grounds of appeal were without merit. There was no expert evidence that the applicant's thyroid condition affected his memory of the offending, and the case had not been put that way on sentence; the sentencing judge's guarded finding on remorse was open. The sentencing judge expressly considered and gave some weight to the loss of the applicant's nursing career. Protective custody could not be assumed to make the sentence more onerous, and no error was shown in the sentence or non-parole period. Leave to appeal out of time and leave to appeal were granted, but the appeal was dismissed.

Court Disposition

Leave granted to bring the appeal out of time; leave to appeal granted; appeal dismissed.

Orders

  • ['Leave is granted to bring the appeal out of time;' 'Leave to appeal granted;' 'Appeal dismissed.']